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CRESCENT LAND DEV. ASSOC LLC v. ILLINOIS UNION INS. CO.

Index No. 657152/21. Appeal No. 1034. Case No. 2022-04074.

221 A.D.3d 485 (2023)

198 N.Y.S.3d 700

2023 NY Slip Op 05788

Crescent Land Dev. Assoc LLC et al., Appellants, v. Illinois Union Insurance Company, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 16, 2023.

Attorney(s) appearing for the Case

Weg and Myers, P.C., Rye Brook ( Joshua L. Mallin of counsel), for appellants.

O'Melveny & Myers LLP, New York ( Anton Metlitsky of counsel), for respondent.

Concur—Renwick, P.J., Kern, Gesmer, Shulman, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Andrew S. Borrok, J.), entered September 7, 2022, which granted defendant's motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiffs, owners of a large portfolio of commercial real estate, commenced this action against defendant insurer Illinois Union Insurance Company for remediation coverage related to losses incurred during the COVID-19 pandemic. Defendant disclaimed coverage because COVID-19 was neither...

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